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(영문) 대구지방법원 2017.05.12 2017고단771
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on January 18, 2017, 19:40 around 19:40, on the part of the victim D, in a "E" restaurant managed by the victim D in Daegu-gu, Daegu-gu, under the influence of alcohol, and without any justifiable reason, takes the victim's “cmination, opening, and working at the bottom of the Chinese people.” The Defendant, on the part of the customer, takes a boomed boom with the victim D.

"Abundling 40 minutes, such as taking a bath, it was difficult to avoid disturbance over 40 minutes.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection [the scope of applicable sentences in law] 1 to 5 years [the scope of applicable sentences in law] - Type 1 (Interference with Business] interference with business operation / [the person subject to special sentencing] / [including efforts to recover damage] mitigation area / [the scope of recommended sentences] January to 1 to 8 [the scope of suspended sentence] major factors - The main reasons for mitigation area / [the decision whether suspended sentence is suspended or not] - [the decision of sentenced sentence] positive positive punishment costs (including efforts to recover damage] [the decision of sentenced sentence] even if the defendant was sentenced to criminal punishment several times, the defendant committed the crime in this case, but the degree of interference with the business of this case does not seem to be serious, and the defendant agreed with the victim and the victim expressed his intent to take the preference against the defendant, etc., and the defendant's health conditions are not good due to spine, etc., and the defendant's age, age, and circumstances after committing the crime, etc.

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